Terms of Service

  1. About the Service
  • Welcome to Failurist, which is a confidential online conversation with Marc Stanislas designed to provide insight and support for understanding and dealing with life’s failures (Service).
  • The service is operated by Failurist (ABN 26 801 428 360). Access to and use of the Website, or any of its associated Products or Services, is provided by Failurist. Please read these terms (Terms) carefully. By using this service, this signifies that you have read, understood and agree to be bound by the If you do not agree with the Terms, you must cease or not engage the appointment immediately.
  • Failurist reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Failurist updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
  • Failurist will provide at least 3 days’ notice of any material changes to the Terms through email notification and/or prominent notice on the Website. Your continued use of the Website after such notification constitutes acceptance of the updated Terms.
2.       Acceptance of the Terms

You accept the Terms by continuing with the booking. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Failurist in the user interface.

3.       Registration to use the Services
  • To access the Services, you must first register for an appointment through the Website (Account).
  • As part of the registration process, or as part of your continued use of the Service, you may be required to provide personal information about yourself (such as identification or contact details), including:
    • Email address
    • Full name
    • Telephone number
    • Nature of assistance
  • You warrant that any information you give to Failurist while completing the registration process will always be accurate, correct and up to date.
  • Once you have completed the registration process, you will be a registered member of the Website (customer) and agree to be bound by the Terms.
  • You may not use the Services and may not accept the Terms if:
    • you are not of legal age to form a binding contract with Failurist; or
  • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Service.
4.       Your obligations as a customer
  • As a customer, you agree to comply with the following:
    • you will use the Services only for purposes that are permitted by:
      • the Terms; and
      • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    • you have the sole responsibility for protecting the confidentiality of your password and/or email Use of your password by any other person may result in the immediate cancellation of the Services;
    • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Failurist of any unauthorised use of your password or email address or any breach of security of which you have become aware;
    • access and use of the Website is limited, non-exclusive, revokable, non-transferable and allows for the sole use of the Website by you for the purposes of Failurist providing the Service in accordance with these terms;
    • you will not use the Service or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Failurist in writing (approval shall be given in the absolute discretion of Failurist and may impose terms as it sees fit).
    • you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
    • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Failurist for any illegal or unauthorised use of the Website; and
    • you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5.       Payment
  • All payments made during your use of the Service are made using Stripe. In using the Website, the Service or when making any payment in relation to your use of the Service, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
  • You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
  • You agree and acknowledge that Failurist can vary the Services Fee at any time with or without notice to you.
6.       Refund and cancellation Policy
  • Failurist will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Service or if the manager of Failurist makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund).
  • Clients may reschedule their bookings up to 24 hours before their scheduled appointment.
  • Cancellations or rescheduling requests made within 24 hour before their scheduled appointment will incur a 50% fee of the service fee.
  • No-shows will not be eligible for a refund.
  • Any benefits set out in this Terms and Conditions may apply in addition to consumer’s rights under the Australian Consumer Law.
  • The terms under these provisions shall be without prejudice under the Australian Consumer Law.
7.       Intellectual Property and Copyright
  • Ownership of Intellectual Property All intellectual property rights, including but not limited to copyright, trademarks, trade names, logos, service marks, domain names, coaching materials, methodologies, presentations, documents, and other materials (“Intellectual Property”) created, developed, or provided by Failurist remain the exclusive property of Failurist.
  • We acknowledge that all content, materials, and resources provided by Failurist are protected by Australian copyright laws and are the property of Failurist. This includes but is not limited to:
        • Coaching methodologies and frameworks
        • Written materials and workbooks
        • Digital content and presentations
        • Website content and resources
        • Training materials and exercises
        • Audio and video recordings
  • Limited licence Clients are granted a limited, non-exclusive, non-transferable licence to use the materials provided by Failurist solely for their personal development purposes. This licence specifically prohibits:
        • Copying or reproducing materials
        • Sharing or distributing materials with third parties
        • Modifying or creating derivative works
        • Using materials for commercial purposes
        • Recording sessions, without express written consent of Failurist
  • Trademark and Branding the name “Failurist,” associated logos, and branding elements are trademarks of Failurist. Use of these elements without express written permission of Failurist is strictly prohibited.
8.       Confidentiality

 All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

9.       General Disclaimer
  • Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  • Subject to this clause, and to the extent permitted by law:
      • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
      • Failurist will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  • Use of the Website and the Service is at your own Everything on the Website and the Service is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Failurist make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Failurist) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer because of any of the following:
      • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      • the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
      • costs incurred because of you using the Website, the Services or any of the products of Failurist; and
      • the Services or operation in respect to links which are provided for your
10.    Disclaimer and Limitations of Service
  • This service is for educational and informational purposes only;
  • This service is not a substitute for professional medical, legal, financial, psychological, religious, or spiritual counseling;
  • This service is not intended as therapy, counseling, or psychoanalysis;
  • You acknowledge voluntary participation in Failurist’s services;
  • You assume full responsibility for all decisions, actions, and consequences;
  • You agree to not hold Failurist and its representatives liable in any way relating to:
      • Personal or business losses
      • Physical or mental health issues
      • Accidents or injuries
      • Business interruptions
      • Any other damages or losses
  • Failurist maintains customer confidentiality except when:
      • Required by law
      • Customer presents a danger to self or others
      • Suspected abuse or neglect of vulnerable persons
      • Criminal activity is disclosed
      • Medical emergency occurs
      • Court order requires disclosure
  • Customer information will not be sold or disclosed by Failurist to third parties;
  • Personal identification and contact information remain confidential between the customer and Failurist
  • Disclosure will only occur with customer consent, as per or as required by law;
  • Failurist reserves the right to modify these terms without notice;
  • Customers are responsible for reviewing terms periodically;
  • Continued use of services constitutes acceptance of current terms;
  • By engaging with Failurist’s services, you acknowledge and agree to:
      • Accept full responsibility for your wellbeing
      • Understand the non-therapeutic nature of services
      • Accept these terms of service entirely
11.    Competitors

 

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Failurist. Competitors are not permitted to use or access any information or content on our application. If you breach this provision, Failurist will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach. These terms also apply to their staff or agents.

12.    Termination of Contract
  • The Terms will continue to apply until terminated by either you or by Failurist as set out below.
  • If you want to terminate the Terms, you may do so by:
      • providing Failurist with 5 days’ notice of your intention to terminate; and
      • closing your accounts for all the services which you use, where Failurist has made this option available to you.

Your notice should be sent, in writing, to Failurist via the ‘Contact Us’ link on our homepage or via email to the@failurist.com

  • Failurist may at any time, terminate the Terms with you if:
      • you have breached any provision of the Terms or intend to breach any provision;
      • Failurist is required to do so by law;
      • the provision of the Services to you by Failurist is, in the opinion of Failurist, no longer commercially viable.
  • Subject to local applicable laws, Failurist reserves the right to discontinue or cancel your appointment at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Failurist’s name or reputation or violates the rights of those of another party.
13.    Indemnity

13.1.    You agree to indemnify Failurist, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  • any breach of the Terms.
14.    Dispute Resolution

14.1.    Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any

Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

14.2.    Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

14.3.    Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

  • Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  • If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by Failurist;
  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation The Parties must each pay their own costs associated with the mediation;
  • The mediation will be held in Sydney,

14.4.    Termination of Mediation:

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

15.    Venue and Jurisdiction

The Services offered by Failurist is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

16.    Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns

17.    Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.